Georgia Statute of Limitations

Georgia

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A cause of action for wrongful death accrues on the date of death and must be brought within two years of that date.

Personal Injury Actions

Personal injury actions must be brought within two years of the date that the injury occurred or within two years of the time the plaintiff knew or should have known that the defendant may have harmed him or her.

Medical Malpractice Actions

Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. If a person was unable to discover his or her injury during this time, the limitations period will be extended. In no event, however, can a person bring a medical malpractice action after five years from the date that the act giving rise to the injury occurred. All minors who have reached the age of five years old are subject to these time limitations. A minor who has not reached five years of age has two years from the date of the minor’s fifth birthday to bring a medical malpractice action if the cause of action arose before he or she reached age five. A medical malpractice action cannot be brought by or on behalf of a minor after the minor’s 10th birthday if the minor was under five on the date the injury occurred. A medical malpractice action cannot be brought by or on behalf of a minor after five years from the date the injury occurred if the minor was five or older on the date of the injury.

Medical Malpractice Actions Based on a Foreign Object Left in the Body

In cases where a health care provider leaves an object in a person’s body, that person has one year from the date that the wrongful act was discovered to file suit.

Products Liability Actions

Products liability actions must be brought within two years after the plaintiff suffers the injury or within two years of the time the plaintiff discovers or should have discovered the injury, as long as such an action is brought within 10 years of the first manufacture or consumption of the product.